Miller v. City of Duluth
Supreme Court of Minnesota
Action in the district court for St. Louis county to recover $8,115 for personal injury received from driving into an excavation in defendant’s street. The answer set up contributory negligence.
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Action in the district court for St. Louis county to recover $8,115 for personal injury received from driving into an excavation in defendant’s street. The answer set up contributory negligence. The case was tried before Eesler, J., who when plaintiff rested denied defendant’s motion to dismiss the action, and a jury which returned a verdict in favor of plaintiff for $1,650. From an order denying defendant’s motion for judgment notwithstanding the verdict or for a new trial, it appealed.
1Opinion of the CourtHallam, J.
Tenth street, between Eighth and Ninth avenues east, in Duluth, was, in 1914, an ungraded street. It had been traveled, however, for many years, and was in a district where some homes had been built. Prior to 1914, the traveled road ran through the center of the street. In the spring of 1914 the city laid a sewer in the center of the street, and in filling above it left a ridge about three feet high from one end of the block to the other. This caused travel to form two beaten roadways, one on each side of the sewer ridge. Travel going east went on the south side of the ridge all the way…
2Cases cited13 opinions
- Wheeler v. Town of WestportWisconsin Supreme Court · 1872
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Briglia v. City of St. PaulSupreme Court of Minnesota · 1916
- Neidhardt v. City of MinneapolisSupreme Court of Minnesota · 1910
- Rhyner v. City of MenashaWisconsin Supreme Court · 1897
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3Cited by5 opinions
- Nicholson v. City of Des MoinesSupreme Court of Iowa · 1953
- Henderson v. City of Saint PaulSupreme Court of Minnesota · 1943
- Ollgaard v. City of MarshallSupreme Court of Minnesota · 1940
- Kowal v. City of MinneapolisSupreme Court of Minnesota · 1950
- Nicholson v. City of Des MoinesSupreme Court of Iowa · 1953